UPDATE: A Gaston County jury has rejected a second-degree murder charge and has instead found Taras "Maurice" McGirth guilty of death by motor vehicle and involuntary manslaughter.

McGirth was sentenced to a prison term ranging from a minimum of two years to a maximum of three years..

_______________________________________________________________

Sleeping pills and over-the-counter “enhancement” drugs were the focus in a second-degree murder trial Wednesday.

GastonCounty jurors in the trial of Taras “Maurice” McGirth will decide what caused the Tega Cay, S.C., man to drive into oncoming traffic and cause a crash that killed a 20-year-old Crouse man.

The collision took the life of Andy Hovis more than two years ago along Dallas-Cherryville Highway.

Hovis’ parents watched as McGirth took the witness stand Wednesday.

The 49-year-old man talked of his medical history and told jurors he didn’t remember anything about the crash.

McGirth testified that he was going through a typical day when he suddenly woke up in a Charlotte hospital, unaware of what caused a traumatic brain injury and a severed colon.

Gaston County District Attorney Locke Bell implied McGirth’s blackout was the result of mixing Ambien with an herbal male enhancement pill.

McGirth denied the accusation from the witness stand, saying he never took the male enhancement pills, only Ambien and a prescription drug to treat high blood pressure.

What jurors believe should dictate whether they find McGirth innocent or guilty of a second-degree murder charge and death by motor vehicle.

Blackout at exit 14

McGirth testified that he had a routine in 2010. He took his blood pressure medicine and Ambien to help him sleep.

McGirth said he’d take the sleeping aid each night between 8 and 9. He would wake up at 5:30 a.m. and get his son off to school.

McGirth testified that he followed the routine on Nov. 11, 2010, the day of the fatal crash.

After watching his son get on the school bus, McGirth said he headed to Bessemer City to see his girlfriend.

McGirth drove more than 30 miles before taking exit 14 off of I-85. No sooner did he merge onto the exit ramp than he blacked out, McGirth said.

Four people testified Tuesday to McGirth’s erratic driving. According to testimony, McGirth’s sport utility vehicle drifted on and off the road and struck a mailbox, concrete barrier and median before slamming into Hovis’ car.

McGirth’s car landed on its top. Rescue workers had to cut apart Hovis’ vehicle to get him out.

Both men were taken to Carolinas Medical Center in Charlotte, and Hovis later died from his injuries.

Traces of Ambien

Two doctors testified Wednesday. The first analyzed McGirth’s blood after the crash. She said while testing the sample she found no trace of alcohol but did find Zolpidum, the generic name for Ambien.

Page 2 of 2 - Another forensic toxicologist told jurors about how the sleep aid works.

Ambien can help people get restful sleep but has been known to cause bizarre behavior, according to Dr. Andrew Mason.

But the impairment wears off and should cause nothing more than slight grogginess if a person follows the instructions and allows eight hours for the medication to wear off, Mason said.

Mason said he read the statements from witnesses and McGirth’s medical history.

He testified that McGirth was in a profoundly impaired state when the fatal crash occurred.

Herbal enhancement

Talk of pills came up again when McGirth was on the witness stand.

Gaston County District Attorney Locke Bell showed McGirth a picture of a bottle of herbal male enhancement pills.

N.C. Highway Patrol Trooper David Ferguson testified Tuesday that he’d taken the photo at the crash site. Ferguson said the pill bottle came from McGirth’s car, and that he saw another bottle of the pills in McGirth’s bag of belongings at the hospital.

During cross-examination, McGirth said he did not have the pills in his car or in the hospital room.

McGirth said he was familiar with the pills because a distributor in Atlanta mailed them to him to pass along to a barbershop owner to sell in the business.

Bellasked McGirth if he’d read the warning label on the herbal enhancements. McGirth said he had.

Bellpointed out part of the label that cautioned against combining the herbal mixture with other medications.

McGirth again said that he’d never taken the pills.

“You really wouldn’t want the jury to know that you used it with any other medications, would you?” Bell said.

Previous episode

McGirth testified that he didn’t know why he blacked out the day of the crash. But he pointed to a similar episode a couple of weeks before the fatal collision.

According to McGirth, he wasn’t feeling well one night and went outside for some air. More than an hour later, McGirth said his neighbor found him passed out in the driveway.

McGirth’s neighbor also testified about the incident — saying that McGirth was barely coherent when he found him.

Both men testified that McGirth went to the hospital that morning, stayed for observation and took some tests.

McGirth said he never got a true explanation for the episode.

Closing arguments

The defense finished presenting its evidence about 3:15 p.m. Wednesday.